H. Rept. 112-311 - 112th Congress (2011-2012)

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House Report 112-311 - PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 10) TO AMEND CHAPTER 8 OF TITLE 5, UNITED STATES CODE, TO PROVIDE THAT MAJOR RULES OF THE EXECUTIVE BRANCH SHALL HAVE NO FORCE OR EFFECT UNLESS A JOINT RESOLUTION OF APPROVAL IS ENACTED INTO LAW, AND FOR OTHER PURPOSES

[House Report 112-311]
[From the U.S. Government Publishing Office]


112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    112-311

======================================================================

 
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 10) TO AMEND CHAPTER 8 OF 
    TITLE 5, UNITED STATES CODE, TO PROVIDE THAT MAJOR RULES OF THE 
     EXECUTIVE BRANCH SHALL HAVE NO FORCE OR EFFECT UNLESS A JOINT 
   RESOLUTION OF APPROVAL IS ENACTED INTO LAW, AND FOR OTHER PURPOSES

                                _______
                                

  December 1, 2011.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

               Mr. Nugent, from the Committee on Rules, 
                        submitted the following

                              R E P O R T

                       [To accompany H. Res. 479]

    The Committee on Rules, having had under consideration 
House Resolution 479, by a record vote of 6 to 4, report the 
same to the House with the recommendation that the resolution 
be adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 10, the 
Regulations From the Executive in Need of Scrutiny Act of 2011, 
under a structured rule. The resolution provides one hour of 
general debate equally divided and controlled by the chair and 
ranking minority member of the Committee on the Judiciary. The 
resolution waives all points of order against consideration of 
the bill. The resolution provides that the amendment in the 
nature of a substitute recommended by the Committee on Rules 
now printed in the bill, as modified by the amendment in part A 
of this report, shall be considered as adopted. The resolution 
provides that the bill, as amended, shall be considered as 
original text for the purpose of further amendment and shall be 
considered as read. The resolution waives all points of order 
against provisions in the bill, as amended.
    The resolution makes in order only those further amendments 
printed in part B of this report. Each such amendment may be 
offered only in the order printed in this report, may be 
offered only by a Member designated in this report, shall be 
considered as read, shall be debatable for the time specified 
in this report equally divided and controlled by the proponent 
and an opponent, shall not be subject to amendment, and shall 
not be subject to a demand for division of the question in the 
House or in the Committee of the Whole. The resolution waives 
all points of order against the amendments printed in part B of 
this report. The resolution provides one motion to recommit 
with or without instructions.
    Section 2 of the resolution provides that during any recess 
or adjournment of not more than three days, if in the opinion 
of the Speaker the public interest so warrants, then the 
Speaker or his designee, after consultation with the Minority 
Leader, may reconvene the House at a time other than that 
previously appointed, within the limits of clause 4, section 5, 
article I of the Constitution, and notify Members accordingly.
    Section 3 of the resolution provides that clause 3 of rule 
XXIX shall apply to the availability requirements for a 
conference report and the accompanying joint statement under 
clause 8(a)(1) of rule XXII.

                         EXPLANATION OF WAIVERS

    The waiver of all points of order against consideration of 
the bill, as modified, includes a waiver of section 306 of the 
Congressional Budget Act, which prohibits consideration of 
legislation within the Budget Committee's jurisdiction, unless 
reported by the Budget Committee.
    Although the resolution waives all points of order against 
provisions in the bill, as amended, the Committee is not aware 
of any points of order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
the amendments printed in part B of this report, the Committee 
is not aware of any points of order. The waiver is prophylactic 
in nature.

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 164

    Motion by Ms. Slaughter to report an open rule. Defeated: 
4-6.

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Sessions....................................          Nay   Ms. Slaughter.....................          Yea
Ms. Foxx........................................          Nay   Mr. McGovern......................          Yea
Mr. Woodall.....................................          Nay   Mr. Hastings of Florida...........          Yea
Mr. Nugent......................................          Nay   Mr. Polis.........................          Yea
Mr. Webster.....................................          Nay
Mr. Dreier, Chairman............................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 165

    Motion by Ms. Slaughter to strike amendment No. 6, offered 
by Rep. Ryan, in part A of this report and make conforming 
changes. Defeated: 4-6.

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Sessions....................................          Nay   Ms. Slaughter.....................          Yea
Ms. Foxx........................................          Nay   Mr. McGovern......................          Yea
Mr. Woodall.....................................          Nay   Mr. Hastings of Florida...........          Yea
Mr. Nugent......................................          Nay   Mr. Polis.........................          Yea
Mr. Webster.....................................          Nay
Mr. Dreier, Chairman............................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 166

    Motion by Mr. McGovern to add two sections to the rule. The 
first section would require the Clerk of the House to notify 
Members of the date and time at which a measure was made 
publicly available. The second section would require the Clerk 
to establish a procedure to notify Members whenever a measure 
is made publicly available. Defeated: 4-6.

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Sessions....................................          Nay   Ms. Slaughter.....................          Yea
Ms. Foxx........................................          Nay   Mr. McGovern......................          Yea
Mr. Woodall.....................................          Nay   Mr. Hastings of Florida...........          Yea
Mr. Nugent......................................          Nay   Mr. Polis.........................          Yea
Mr. Webster.....................................          Nay
Mr. Dreier, Chairman............................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 167

    Motion by Mr. Sessions to report the rule. Adopted: 6-4.

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Sessions....................................          Yea   Ms. Slaughter.....................          Nay
Ms. Foxx........................................          Yea   Mr. McGovern......................          Nay
Mr. Woodall.....................................          Yea   Mr. Hastings of Florida...........          Nay
Mr. Nugent......................................          Yea   Mr. Polis.........................          Nay
Mr. Webster.....................................          Yea
Mr. Dreier, Chairman............................          Yea
----------------------------------------------------------------------------------------------------------------

          SUMMARY OF AMENDMENT IN PART A CONSIDERED AS ADOPTED

    Ryan, Paul (WI): Would amend section 257 of the Balanced 
Budget and Emergency Deficit Control Act of 1985 in order to 
assure that any costs associated with approving or disapproving 
rules authorized by budget-related legislation are properly 
accounted for under the Congressional Budget Process.

             SUMMARY OF AMENDMENTS IN PART B MADE IN ORDER

    1. Sessions (TX): Would require the agency submitting the 
report on a proposed Federal rule to include an assessment, as 
part of the cost-benefit analysis submitted to the Comptroller 
General and each House of Congress, of anticipated jobs gained 
or lost as a result of implementation, and to specify whether 
those jobs will come from the public or private sector. (10 
minutes)
    2. Johnson, Hank (GA), Jackson Lee (TX), Hastings, Alcee 
(FL): Would exempt any rule that the Office of Management and 
Budget determines would result in net job creation. (10 
minutes)
    3. Schrader (OR): Would require a cost benefit analysis to 
be included with reports to Congress and require agencies to 
submit criteria for cost benefit analyses to Congress within 12 
months of enactment. (10 minutes)
    4. McKinley (WV): Would reduce the annual effect on the 
economy of the term ``major rule'' from $100,000,000 or more to 
$50,000,000 or more. (10 minutes)
    5. McCarthy, Carolyn (NY): Would exempt any rule relating 
to food safety, workplace safety, air quality, consumer product 
safety, or water quality. (10 minutes)
    6. Jackson Lee (TX): Would exempt all rules promulgated by 
the Department of Homeland Security. (10 minutes)
    7. Moore, Gwen (WI): Would exempt any rule relating to 
veterans or veterans affairs. (10 minutes)

            PART A--TEXT OF AMENDMENT CONSIDERED AS ADOPTED

  At the end, add the following new section:

SEC. __. BUDGETARY EFFECTS OF RULES SUBJECT TO SECTION 802 OF TITLE 5, 
                    UNITED STATES CODE.

  Section 257(b)(2) of the Balanced Budget and Emergency 
Deficit Control Act of 1985 is amended by adding at the end the 
following new subparagraph:
                  ``(E) Budgetary effects of rules subject to 
                section 802 of title 5, united states code.--
                Any rules subject to the congressional approval 
                procedure set forth in section 802 of chapter 8 
                of title 5, United States Code, affecting 
                budget authority, outlays, or receipts shall be 
                assumed to be effective unless it is not 
                approved in accordance with such section.''.

                PART B--TEXT OF AMENDMENTS MADE IN ORDER

 1. An Amendment To Be Offered by Representative Sessions of Texas or 
                 His Designee, Debatable for 10 minutes

  Page 25, line 18, insert ``, including an analysis of any 
jobs added or lost, differentiating between public and private 
sector jobs'' before the semicolon.
                              ----------                              


 2. An Amendment To Be Offered by Representative Johnson of Georgia or 
                 His Designee, Debatable for 10 Minutes

  Page 45, line 22, insert after the first period the 
following:

``Sec. 808. Exemption for certain rules

  ``Sections 801 through 807 of this chapter, as amended by the 
Regulations from the Executive in Need of Scrutiny Act of 2011 
shall not apply in the case of any rule that the Director of 
the Office of Management and Budget determines will result in 
net job creation. This chapter, as in effect before the 
enactment of the Regulations from the Executive in Need of 
Scrutiny Act of 2011, shall continue to apply, after such 
enactment, to any such rule, as appropriate.''.
  Page 24, in the matter preceding line 10, add after the item 
relating to section 807 the following new item:

808. Exemption for certain rules.
                              ----------                              


 3. An Amendment To Be Offered by Representative Schrader of Oregon or 
                 His Designee, Debatable for 10 Minutes

  Page 25, line 9, strike ``and''.
  Page 25, insert after line 9 the following (and redesignate 
provisions accordingly):
                          ``(v) a cost-benefit analysis of the 
                        rule; and''.
  Page 26, insert after line 11 the following:
                  ``(D) Not later than the later of January 1, 
                2013 or the date that is 1 year after the date 
                of enactment of the Regulations from the 
                Executive in Need of Scrutiny Act of 2011, each 
                Federal agency shall submit to Congress 
                appropriate criteria for conducting cost-
                benefit analyses under subparagraph (A)(v) for 
                each rule for which that agency may be required 
                to submit such an analysis.''.
                              ----------                              


   4. An Amendment To Be Offered by Representative McKinley of West 
           Virginia or His Designee, Debatable for 10 Minutes

  Page 42, line 23, strike ``$100,000,000'' and insert 
``$50,000,000''.
                              ----------                              


5. An Amendment To Be Offered by Representative McCarthy of New York or 
                 Her Designee, Debatable for 10 Minutes

  Page 45, line 22, strike the quotation marks and second 
period.
  Page 45, insert the following after line 22:

``Sec. 808. Exemption for certain rules

  ``Sections 801 through 807, as amended by the Regulations 
From the Executive in Need of Scrutiny Act of 2011, shall not 
apply in the case of any rule that relates to the safety of 
food, the safety of the workplace, air quality, the safety of 
consumer products, or water quality. The provisions of this 
chapter, as in effect before the enactment of the Regulations 
From the Executive in Need of Scrutiny Act of 2011, shall 
continue to apply, after such enactment, to any rule described 
in the preceding sentence.''.
  Page 24, in the matter preceding line 10, add after the item 
relating to section 807 the following new item:

``808. Exemption for certain rules.
                    ____________________________________________________

6. An Amendment To Be Offered by Representative Jackson Lee of Texas or 
                 Her Designee, Debatable for 10 Minutes

  Page 45, line 22, insert after the first period the 
following:

``Sec. 808. Exemption for certain rules

  ``Sections 801 through 807 of this chapter, as amended by the 
Regulations from the Executive in Need of Scrutiny Act of 2011 
shall not apply in the case of any rule made by the Secretary 
of Homeland Security. This chapter, as in effect before the 
enactment of the Regulations from the Executive in Need of 
Scrutiny Act of 2011, shall continue to apply, after such 
enactment, to any such rule, as appropriate.''.
  Page 24, in the matter preceding line 10, add after the item 
relating to section 807 the following new item:

808. Exemption for certain rules.
                    ____________________________________________________

 7. An Amendment To Be Offered by Representative Moore of Wisconsin or 
                 Her Designee, Debatable for 10 Minutes

  Page 45, line 22, insert after the first period the 
following:

``Sec. 808. Exemption for certain rules

  ``Sections 801 through 807 of this chapter, as amended by the 
Regulations from the Executive in Need of Scrutiny Act of 2011 
shall not apply in the case of any rule that relates to 
veterans or veterans affairs. This chapter, as in effect before 
the enactment of the Regulations from the Executive in Need of 
Scrutiny Act of 2011, shall continue to apply, after such 
enactment, to any such rule, as appropriate.''.
  Page 24, in the matter preceding line 10, add after the item 
relating to section 807 the following new item:

808. Exemption for certain rules.